Landlord 1 – Shelter Nil

Landlord 1 – Shelter Nil

10:50 AM, 24th May 2022, About a month ago 37

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I had a very large and aggressive tenant who was in rent arrears. For the 11 years of his occupation, he was regularly behind with the top-up to his housing benefit and I would periodically have to ask for back payments.

When he told me he couldn’t afford to pay for 6 months to pay for his holiday, I gave up and began Section 8 Possession in 2020 for circa £2k o/s rent.

The tenant went to Shelter with a list of complaints of disrepair, some he had caused the damage himself, some he hadn’t reported to me and others that I’d made efforts to rectify despite being excluded from entering the property for a year.

There was a counterclaim for disrepair and notional damages up to the amount of £ 15k claimed against me! Plus the risk of considerable legal costs should I lose the case.

I sought the assistance of Chris from Possession Friend. He worked with me from mid-2020 through to the 2-day court hearing culminating this month. My statement of evidence was massively enhanced and Chris spent a great deal of time throughout the very emotional and time-consuming process, advising and supporting me, including attending court.

The case was presented for the tenant by a barrister on legal aid, sourced by Shelter (at an unknown but significant cost to the taxpayer).
I represented myself with advice and support from Chris.

After considering the substantial evidence I submitted, the judge said he didn’t believe the tenant’s version and awarded me outstanding rent and possession.

Landlord 1 – Shelter Nil

As a result of my experience, I will be selling the property so there’ll be one less rental property in a market of high demand. Going forward, I will not rent to a tenant in receipt of benefit without references and a cast-iron guarantor.



Comments

Mohammed Kadir

11:03 AM, 24th May 2022, About a month ago

It's a shame this bad tenant has forced you out of the private rental sector. Still many good tenants out there. I would suggest you find a good tenant rather than sell, as both the rental rates and value of properties are only increasing over time.

But I understand why you'd want to sell.

Anthony Hawes

11:15 AM, 24th May 2022, About a month ago

Good for you on success in Court and great to hear that Chris was able to help you. As Mohammed says though, it is a real shame you are effectively being driven out of the business. It is not an easy life but I do think the rewards can still be there if you are prepared to stick with it. That said, I have felt like throwing the towel in on many occasions so I do sympathise.

chris

11:21 AM, 24th May 2022, About a month ago

Congratulations just been though the exact same thing rent arrears of 15k counter claim for exactly as you have said in unfortunately for me I uses a solicitor how employed a barrister what a waste of money but this as made my day thanks

K Anon

11:25 AM, 24th May 2022, About a month ago

Well done, we had a very similar situation, issued section 8, got the counter claim for dilapidations (the std shelter advised tenant response now it seems). Tenant legally aided, thousands in arrears, anti social complaints, property damage, substance abuse complaints but we could not sustain the court and solicitor costs (she was legally aided by the state), its wiped us out, terrible stress so we had to find a way to settle, tens of thousands to a DSS (universal credit) tenant and more bank loans than we ever thought or expected to have.
Every time we applied for direct payments they would not pay as it was 'in dispute'.
Truly dreadful situation.

Mike

11:26 AM, 24th May 2022, About a month ago

Thanks to expertise of Chris, glad that with his guidance and help you managed to kick out a rogue tenant and defeated pathetic Shelter who back such rogue tenants, absolutely scums, but please consider carrying out renting as majority of the tenants are responsible and good, they know if they break the rules they will get thrown out, they can only play silly games once or twice or may be a few more times but in the end they know that their game will come to an end sooner or later.

In my 28 years of renting, I have had two bad tenants who left after owing me rent with just the S21 Notice, One I had to take to court with Section 8 proceedings who was ordered out by the court after failing to pay rent regularly and in the end owing 7 months rent. Thank goodness it was an HMO so he could not really damage the property as other good and responsible tenants would have sorted him out. He did not get on with them either, and wanted to dominate them and control the entire house by himself.

John Mac

11:28 AM, 24th May 2022, About a month ago

The NRLA should take up this story & give it maximum publicity, to show donors, tax payers & sponsors of Shelter where their donations are being spent.

NOT to house the homeless but to defend the Undefendable at great expense.

Lee Bowen

11:29 AM, 24th May 2022, About a month ago

Hi Mohammed,
I'm still involved, just focusing my attention elsewhere after this bad experience. The above doesn't even scratch the surface of what I've been through over the last 3 years - threats, assault, wilful damage, denying access, authorities failing to act objectively.
4 court appearances - the lawyers and barristers get paid at no cost to the tenant.
I wonder how many people give donations to the charity who supported this tenant thinking they spend their donations providing homes for the vulnerable?

Beaver

11:46 AM, 24th May 2022, About a month ago

Reply to the comment left by Lee Bowen at 24/05/2022 - 11:29
I know the judge awarded it to you but did the tenant actually pay the outstanding rent?

Bernard Purcell

12:05 PM, 24th May 2022, About a month ago

Reply to the comment left by Mohammed Kadir at 24/05/2022 - 11:03
All this stems from this muddled Government that think that persecuting landlords is somehow going to alleviate the dire shortage of affordable housing , in fact it makes it worse . Decent landlords can’t let their property safely as the courts make it so difficult to get possession if there is a problem, so landlords are selling up . I think lenders will soon realise that’s it’s not a safe bet and will stop lending to landlords. Wake up Boris
Landlord Suffolk

Lee Bowen

12:19 PM, 24th May 2022, About a month ago

The defendant has been ordered to pay an amount to me. It's not due yet but I'm expecting more fun and games to recover it.

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